Arbitration
Section 29A(6) and the Perils of Mechanical Substitution: Reading Mohan Lal Fatehpuria Correctly
The decision of the Supreme Court in Mohan Lal Fatehpuria v. Bharat Textiles has led to considerable discussion on the interpretation of Section 29A(6) of the Arbitration and Conciliation Act, 1996. The concern that appears to have emerged is whether the judgment should be read to mean that the moment the statutory timeline for making an arbitral award expires, substitution of the...
Bombay HC's 'Central Warehousing' Judgment Does Not Bar Arbitration Clauses In Leave & License Agreements : Supreme Court
The Supreme Court upheld a Bombay High Court order appointing an arbitrator in a dispute arising from a leave and licence agreement for office premises of Motilal Oswal Financial Services Limited at Malad, Mumbai, holding that an arbitration agreement existed between the parties.A bench of Justice JB Pardiwala and Justice KV Viswanathan held that the High Court was right in allowing...
Arbitration | Lack Of S. 21 Notice Not Fatal If Claim Is Otherwise Valid & Arbitrable : Supreme Court
The Supreme Court set aside a Kerala High Court judgment which had held that an arbitral tribunal cannot decide disputes beyond a specific issue referred to it and that a party cannot raise additional disputes without issuing a separate notice under Section 21 of the Arbitration and Conciliation Act, 1996.The Court set aside a judgment of the Kerala High Court and restored an arbitral award...
Arbitration Clause Cannot Be Invoked Once Loan Contract Is Exhausted: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that a civil suit seeking damages for harassment and mental agony on account of non-issuance of a No Objection Certificate could not be linked to the original loan agreement once the loan was fully repaid. The Court remarked that the loan contract had been exhausted upon complete repayment of the loan amount, and therefore, the subsequent claim for...
LiveLawBiz: Business Law Daily Round-Up: January 08, 2026
IBC NCLAT Limits Ansal Properties' Insolvency To Sushant Golf City and Rajasthan ProjectsFunding Rival Bids, Using Same IP Proves Bid Rigging, NCLAT Upholds CCI Penalty Against Klassy EnterprisesCalling Guarantor 'Director' In SARFAESI Notice Doesn't Invalidate Invocation Of Guarantee: NCLATNCLAT Upholds Eviction Of Subsidiaries From Corporate Debtor's Properties During LiquidationBank...
Delhi High Court Refuses Interim Relief to JLT Energy Against Hindustan Cleanenergy In Solar Deal Dispute
The Delhi High Court has refused to restrain Hindustan Cleanenergy Limited and its group companies from creating third-party rights in two solar power projects in Tamil Nadu and Bihar, holding that the share purchase agreements signed with a French investor had already come to an end on their own terms. Justice Purushaindra Kumar Kaurav, in an order dated January 6, 2026, said courts cannot...
Individual Members' Suit Does Not Abandon Society's Arbitration Clause With Developer: Bombay High Court
The Bombay High Court has held that a civil suit filed by individual members of a housing society against a developer does not amount to abandonment of the arbitration clause in a redevelopment agreement. The Court said such a decision can be taken only by the society acting as a collective body. A Single-Judge Bench of Justice Somasekhar Sundaresan said that once a co-operative housing...
Madras High Court Upholds Arbitral Award Granting Relief To 93 Chennai Port Spillage Workers
The Madras High Court on Wednesday rejected a petition filed by the Chennai Port Authority, refusing to set aside an arbitral award that directed the port to reinstate spillage-handling workers and grant back wages, gratuity and other service benefits to 93 workers. A single bench of Justice N Anand Venkatesh held that the award did not suffer from any jurisdictional error or patent...
Delhi High Court Upholds Arbitral Award In Patel Gammon's Favour in Rampur Hydropower Project Dispute
The Delhi High Court has dismissed a petition filed by SJVN Limited challenging an arbitral award that granted payment to Patel Gammon Joint Venture for transporting excavated material during a hydroelectric project in Himachal Pradesh. A single-judge bench of Justice Jasmeet Singh upheld the substance of the arbitral award but held that the court lacked territorial jurisdiction to entertain...
LiveLawBiz: Business Law Daily Round-Up: January 07, 2026
IBC HMT Takes Final Step To Close HMT Watches, Files Application With Ministy Of Corporate AffairsNCLT Mumbai Approves Sagacious Capital's Rs 110 Crore Plan To Revive Reliance InnoventuresAvoidance Provisions Under Insolvency Code Are Restorative, Not Punitive: NCLT KochiDelhi High Court Dismisses 'Luxury Litigation' Over Debt Assignment, Reaffirms NCLT Power To Probe FraudHigh Courts...
Arbitral Proceedings Commence On Respondent Receiving Notice Invoking Arbitration Clause, Not On Arbitrator's Appointment : Supreme Court
The Supreme Court reaffirmed that the arbitral proceedings are set to commence on the date of receipt of notice invoking the arbitration clause by the respondent. “...the date on which the respondent receives a notice or request invoking arbitration is the moment at which the arbitral proceedings commence under Section 21 of the Act. It further clarified that a valid invocation requires...
Software Ownership Disputes Involving IPR Not Arbitrable: Bombay High Court
The Bombay High Court has recently held that an arbitral tribunal was right in refusing to decide who owns a software product, saying such questions involve intellectual property rights that affect the public at large (rights in rem) and cannot be settled through private arbitration.A Single-Judge Bench of Justice Sandeep V Marne said that deciding ownership of the “Test Magic” software...